EEA family permit - we are in frustration

[jewel87]

Hello, All!

I wonder if people here could advise us or at least give some hope to our case, as we are currently in frustration for months.

I am a latvian citizen, studying in UK university for two years already and currently taking a year placement in a company.
In July 2008 I got married to a russian citizen, with whom our relationship longs for more than 3 years already and he lived in UK for 9 months prior to the wedding, as a student as well.

After the wedding we applied for a EEA family permit as I wanted him to live with me in UK while I am working and studying.
But he was refused in August, as it was stated, due to the ECO not being satisfied with his financial circumstances. We lodged an appeal early in September 2008, and at the same time submitted another application for FP, all with new supporting documents for his financial status.
Both were refused by ECO and the case was meant to be referred to AIT on November 20th.
We are now awaiting any info from AIT, and I have hired a solicitor in London as well. She is stating that we should get the appellants bundle and the date of hearing soon, apart from that she is not taking any actions yet and I am very worried about it all.

Please, can anyone comment anything upon this, what are our chances and what is the solicitor supposed to do actually.
Also, we are thinking to try it through getting latvian leave to remain for my husband and submitting FP application in UK embassy in Latvia, i.e. inside the EU. Would that be easier that way and is it a good idea to do that while waiting for the appeal hearing??

Sorry for the long post, and any comments will be highly appreciated.

[Ben]

jewel87, are you working currently?

If so, then the Treaty right you are exercising is employment, and so private health insurance is not required (it would be if you were only studying).

Either way, your husband's right to enter and reside in the UK, as your family member, is a given and cannot be made conditional on the amount of funds you have or he has.

Where is your husband currently?

I would recommend that you contact Solvit and seek their assistance in ensuring the UK's compliance with EU law.

[jewel87]

jewel87, are you working currently?

If so, then the Treaty right you are exercising is employment, and so private health insurance is not required (it would be if you were only studying).

Either way, your husband's right to enter and reside in the UK, as your family member, is a given and cannot be made conditional on the amount of funds you have or he has.

Where is your husband currently?

I would recommend that you contact Solvit and seek their assistance in ensuring the UK's compliance with EU law.

I am currently on a placement, my contract is for a year, after that I have one more year of study.
Please explain about private health insurance? Who is requiring that?
My husband is currently in Russia.

I am confused why you are saying that it cannot depend on the funds, cause I think it is mentioned in the conditions of application as well, that we must have enough funds for living without public funding.
Thank you for the url, I'll try to contact them.

[vinny]

Please explain about private health insurance? Who is requiring that?

"Comprehensive sickness insurance cover in the United Kingdom" is required for "self-sufficient person" and "student". See also Permanent Residence Qualifying Period For EEA National

[Ben]

I am currently on a placement, my contract is for a year..

If you are currently employed, then forget about comprehensive sickness insurance cover being a requirement. That's only if you are a student or self-sufficient (yes, I know you're still a student, but you're also working and so exercising a Treaty right in an economic capacity).

Did you contact Solvit yet?
http://ec.europa.eu/solvit/

[Richard66]

How typical! If someone is studying and working at the same time, how more convenient it is to consider the person as first of all a student, so as to deny the illegal EEA FP.

Please do complain about this. If Solvit is no good, as I suspect they will not be then contact the European Commission.

Solvit UK is the Government's mouthpiece: they merely repeatr what the Government says.

[jewel87]

How typical! If someone is studying and working at the same time, how more convenient it is to consider the person as first of all a student, so as to deny the illegal EEA FP.

Please do complain about this. If Solvit is no good, as I suspect they will not be then contact the European Commission.

Solvit UK is the Government's mouthpiece: they merely repeatr what the Government says.

Richard, how do I contact European Comission and what can they do for us??

I still do not really understand how it can be not dependant on funding, even my solicitor was saying we need to prove our funds. And I have seen the same problems and refusals even for British citizen spouses, when they own a good house and have a good job.

My husband also has a contract and a letter from a manager of his previous job, saying that they are waiting for him and holding a position, and this still was not enough.(((

[Ben]

I still do not really understand how it can be not dependant on funding, even my solicitor was saying we need to prove our funds.

I hope you have not paid this solicitor for his advice.

Read Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Put simply, as a Latvian citizen, you have the right to reside and work in the UK. Your spouse, regardless of his nationality, has the right to join you in the UK, to reside and to work. That's pretty much it jewel87.

And I have seen the same problems and refusals even for British citizen spouses, when they own a good house and have a good job.

British citizen spouses are usually not "covered" by EU law.

[jewel87]

I hope you have not paid this solicitor for his advice.

benifa, unfortunately i have paid her already half of the sum and signed the contract.
i will try to show her this article though as well, probably she can do something with it as well.

thanks everyone for the guidance and hints, i will try to find out what is happening with us and how the embassy could do that..

probably i am too young and unexperienced to deal correctly with all these matters, i still cannot believe how they could not follow the EU laws..

[Ben]

Your case is open and shut, jewel87.

You are an EEA national exercising your right to reside and work in the UK. Your Russian husband has the right to join you.

No need for a solicitor (especially one who charges you for telling you incorrect information). Just read Directive 2004/38/EC as linked to before. In case you prefer to read the Directive in Latviešu, see this link.

Contact Solvit and initiate a complaint.

[jewel87]

benifa, I appreciate your help, I would not have imagined all this at all. This is new hope for me.

Could you please explain me, as I am not quite clever in these things, if the Solvit tells me that this was illegal and we could not be refused, what can they do in this case, are they able to prove to ECO that he is wrong or I still need to go to the court hearing and refer to this there?

I don't think I can take back my money from the lawyer anyway, and probably I will still need her at least for defending in the hearing, am I right?

And also, I have some doubt about the appealing process as well:

when we were filling out the appeal with my husband, I remember we could mention there a sponsor and a representative. We did not have a solicitor at that moment and did not write anything there, but now the solicitor is saying we do not need to write anything to the AIT, she becomes a representative automatically.
But what about me, I cannot even get any info on the phone, they say I have to be mentioned on the case. As whom? Am I a sponsor? Solicitor says again we don't need to make me as such, I will be there on the hearing as a witness.
Is that correct at all??? I am really worried, what if they don't take me into the hearing room at all?

[jewel87]

I have found the following extract in the given url,

Residence for more than three months
1. All Union citizens shall have the right of residence on the territory of another Member State for
a period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State; or
(b) have sufficient resources for themselves and their family members not to become a burden on
the social assistance system of the host Member State during their period of residence and
have comprehensive sickness insurance cover in the host Member State; or
etc.
And that family members accompanying these citizens have the same rights.

BUT!

How do I prove that I am a worker in these categories, and not just a student??
My employment agreement is temporary for only 48 weeks, after which I am continuing studies.
This means they still can decide that I am a student and need to prove enough funding for me and my spouse.
So the solicitor was not quite wrong?? She still needs to prove all this...